 MEDIATION ACCORDING TO THE NEW QUEBEC CODE OF CIVIL PROCEDURE Economic means to resolve a dispute André Bizier, h.j., B.A. Président Chambre des huissiers de justice du Québec

MEDIATION ACCORDING TO THE NEW QUEBEC CODE OF CIVIL PROCEDURE - OBJECTIVES  Ensuring accessibility, quality and promptness of civil justice  The fair application, simple, proportionate and economic procedure  The rights of the parties in a spirit of cooperation along with a fairness balance between parties  Respect for people who provide support to the justice systems

NEW PHILOSOPHY  To affirm the existence of private and voluntary dispute modes prevention and settlement  To encourage parties to consider the use of these modes before the courts and cooperate actively in the search for a solution  Development and implementation of a pre-judicial protocol

PARTICIPATORY JUSTICE  Recognition of the efficiency of voluntary private modes prevention and dispute resolution  Negociation – mediation – arbitration  Obligation of the parties to consider these modes before going to court

BENEFITS OF MEDIATION  Voluntary and flexible process that takes place in a private and confidential framework  Process time may vary from several hours to some days  Mediation allows to address the issue in a safe and respectful environment, with the mediator which accompanies and supports you during the process  Inexpensive

THE MEDIATION AND THE JUDICIAL  Statistics :  In 1975 : 200 Justice Centers were established in the USA  Participatory justice is an integral part in the most majority of legal systems in the Western occidental countries  In Québec :  Average cost of a legal case : $ 6,000 can dollars (± 8,100 euros)  Average cost of a successful judicial mediation : 2133 $ can.dollars (± 2,900 euros)  According to a study from the University of Montreal, 74.5 % of justiciable people did opted for mediation for two reasons:  Celerity settlement and the costs

THE BAILIFF AND THE MEDIATION IN QUEBEC  The bailiff took his first steps in the mediation affairs about 10 bailiffs have the official title of certified mediator  What are our areas of intervention :  Before the introduction of a judicial demand  Amicable Debt Collection recovery  Succession – etc.

THE QUEBEC INSTITUTE OF MEDICATION AND ARBITRATION ( IMAQ ) The Institute of Mediation and Arbitration of Quebec ( IMAQ ) is a nonprofit organization whose mission is to introduce and promote non-judicial methods of conflict resolution.

THE QUEBEC INSTITUTE OF MEDICATION AND ARBITRATION ( IMAQ ) To become a Mediator :  You must be a member in good standing of at least one scheduled Quebec professional Order liable to the Professional Code for at least (5) years and have not been guilty of any disciplinary sanction, nor a limitation of his right to practice that may have had an impact on his practice on mediation  OR actively practicing mediation for the past three years (minimum of 100 hours of practice justified by correspondence or billing documentation).

THE QUEBEC INSTITUTE OF MEDICATION AND ARBITRATION ( IMAQ )  OR you must have completed a formation program in civil and commercial mediation accredited by the IMAQ, lasting at least forty (40 ) hours or the equivalent  OR have completed appropriate training courses and extra totaling a 40 hours and commit yourself to comply with the code of ethics of the IMAQ mediators  OR hold a second cycle degree (30 credits) in the prevention and resolution of disputes, issued by the University of Sherbrooke and have passed clinical activity with 25 hours of mediation practice.

André Bizier, Huissier de justice Président Chambre des huissiers de justice du Québec Thank you for your attention